Terms & Conditions – Khemistry

Last Updated: August 23, 2024

Welcome to Khemistryland! These Terms & Conditions (“Terms”) govern your use of our website and the purchase of products from us. By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website.

1. General Information

Khemistryland (“we,” “us,” “our”) operates the website https://www.khemistryland.com (“Site”). These Terms govern your use of the Site and any purchases you make from us.

2. Eligibility

To use our Site, you must be at least 18 years old or have permission from a parent or guardian. By using the Site, you represent that you meet this age requirement.

3. Product Information

We strive to ensure that the information on our Site is accurate and up-to-date. However, we do not guarantee the accuracy, completeness, or reliability of any product descriptions, prices, or other content on the Site. All product specifications, including colors, sizes, and availability, are subject to change without notice.

4. Orders and Payments

All orders are subject to acceptance by us. We reserve the right to refuse or cancel any order for any reason. Payments must be made using the methods specified on the Site. We are not responsible for any errors or issues that arise from the payment process.

5. Shipping and Delivery

Shipping times and costs will vary depending on your location and the shipping method selected. We do our best to meet the estimated delivery times, but we are not responsible for any delays or damages that occur during shipping. Risk of loss and title for purchased items pass to you upon our delivery to the carrier.

6. Returns and Exchanges

We offer returns and exchanges for most products within 30 days of purchase. Items must be unused, in their original packaging, and accompanied by a receipt or proof of purchase. Please refer to our Returns & Exchanges policy for more details.

7. Intellectual Property

Most content on the Site, including text, graphics, logos, images, and software, is the property of Khemistry Sports LLC or its licensors and is protected by intellectual property laws. You may not use, reproduce, distribute, or display any content from the Site without our prior written permission.

8. User Conduct

You agree not to use the Site for any unlawful purpose or in any way that could harm or disrupt our services. Prohibited activities include, but are not limited to, transmitting harmful code, interfering with the Site’s operation, or infringing on the rights of others.

9. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your personal information.

10. Third-Party Links

Our Site may contain links to third-party websites or services that are not owned or controlled by Khemistry Sports LLC. We are not responsible for the content, privacy policies, or practices of any third-party sites or services.

11. Limitation of Liability

To the fullest extent permitted by law, Khemistry Sports LLC shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Site or any products purchased from us.

12. Indemnification

You agree to indemnify, defend, and hold harmless Khemistry Sports LLC, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising from your use of the Site or violation of these Terms.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of North Carolina. Any disputes arising under these Terms shall be resolved in the courts of North Carolina.

14. Arbitration Agreement

a. Agreement to Arbitrate

By using the Khemistryland website or purchasing products from us, you agree that any dispute, claim, or controversy arising out of or relating to these activities will be resolved through binding arbitration, rather than in court, except for matters that may be brought in small claims court. This includes any disputes arising before or after the effective date of this Arbitration Agreement.

b. Scope of Arbitration

This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to, any claims related to advertising, products, privacy, terms of use, or any other aspect of our relationship.

c. Arbitration Process

Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will be conducted by a single arbitrator and will take place in Durham, North Carolina or another mutually agreed-upon location. If the claim is for $10,000 or less, you may choose to have the arbitration conducted by telephone, based on written submissions, or in person.

d. Class Action Waiver

You agree that any arbitration will be conducted on an individual basis only, and not as a class, collective, or representative action. The arbitrator may not consolidate more than one person’s claims or preside over any form of a representative or class proceeding.

e. Costs and Fees

Each party will be responsible for its own arbitration costs. However, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to litigation, Khemistry Sports LLC will pay as much of the arbitration fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

f. Governing Law

This Arbitration Agreement shall be governed by and construed in accordance with the Federal Arbitration Act and federal arbitration law, to the exclusion of any state laws that are inconsistent with or would prevent the enforcement of this Agreement.

g. Exceptions to Arbitration

You and Khemistry Sports LLC both retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. Additionally, disputes that can be brought in small claims court are not subject to arbitration.

h. Severability

If any provision of this Arbitration Agreement is found to be unenforceable, the unenforceable provision shall be severed, and the remaining provisions will continue to be enforced.

i. Opt-Out

You have the right to opt out of this Arbitration Agreement within 30 days of the effective date by sending written notice to customerservice@khemistryland.com. Your opt-out notice must include your name, address, email address, and a clear statement that you do not wish to resolve disputes with Khemistryland through arbitration. If you opt out, neither you nor Khemistryland will be bound by this arbitration agreement.

15. Changes to These Terms

We reserve the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes constitutes your acceptance of such changes.

16. Contact Us

If you have any questions about these Terms, please contact us at customerservice@khemistryland.com.

By using our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions, including the Arbitration Agreement.